Changes to managing Crown reserves

New Crown land legislation is now in effect and will improve the governance of Crown reserves whilst continuing to strengthen community involvement.

The management of Crown reserves is based on a partnership between government and the community. Local councils, professional boards, not-for-profit organisations and individual community-based volunteer boards all play a role in managing Crown reserves—and all existing managers have continued under the new legislation.

Reserve managers have automatically transitioned under the new Act so that appointed managers continue to have the care, control and management responsibility for their Crown reserves. They are now known as Crown land managers.

All existing assets, liabilities, tenures and contracts of the reserve trust automatically transitioned to the Crown land manager. To recognise the diverse capacity and capability of current managers, non-council Crown land managers will be categorised as either category 1 or category 2.

To support transition to the new reserve management structure, the abolition of reserve trusts managed by corporations will be delayed until 1 July 2019. This will give additional time for corporate reserve managers to make changes to their operations associated with reserve trusts.

Transition guides

These of transition guides provide information to support managers:

For schools of arts

  • schools of arts, mechanics’ institutes and literary institutes are part of a statewide network of public halls that are managed by volunteers, not-for-profit organisations, and local councils, to service community needs.
  • management options for institutions have changed under the new legislation

For more information read the schools of arts and other institutions transition guide

For boards and administrators

  • former reserve trusts entities will now be known as statutory land managers under the new Act
  • the statutory land manager is the same legal entity as the former reserve trust
  • the legal name of the reserve trust has changed from ‘XYZ Trust’ to ‘XYZ Land Manager’
  • former trustees have all been automatically appointed to the board of the new statutory land manager
  • boards appointed under the new legislation have a maximum of seven members including ex-officio appointments
  • existing boards exceeding seven members will remain valid until their current term expires.

For more information read the boards and administrators transition guide

For corporations

  • to support the transition to the new regime for corporate entities managing Crown land, the abolition of reserve trusts will be delayed until 1 July 2019. This will give additional time for corporate entities to make changes to their operations associated with reserve trusts
  • when the reserve trust is abolished, the appointed Crown reserves will be managed directly by the corporate entity
  • revenue generated on Crown reserves continues to be only available to be expended on the Crown reserves under management
  • the Lands Administration Ministerial Corporation (Min Corp) continues under the new Act.

For more information read the corporations transition guide

For the Minister

  • continues to be responsible for all reserved and dedicated Crown land when there is no Crown land manager appointed
  • can also be responsible for the affairs and reserves of a statutory land manager.

For local councils

  • councils play an important role in managing Crown land for their local communities
  • this has continued under the CLM Act with council reserve trust managers being appointed as Crown land managers for land they previously managed
  • councils will manage Crown land as if it were public land under the Local Government Act 1993
  • the department is working with Office of Local Government to support councils with this transition
  • a series of guidance notes to support the classification and categorisation of Crown land managed as if it were public land under the Local Government Act 1993 are available
  • councils are receiving funding to support the development of plans of management for Crown reserves, answers to frequently asked questions are available
  • to support transition to the new regime for councils managing Crown land, the abolition of reserve trusts managed by councils will be delayed until 1 July 2019. This will give additional time for councils to make changes to their operations associated with reserve trusts.

Funding

The former Public Reserves Management Fund is now known as the Crown Reserves Improvement Fund. Both council and non-council Crown land managers, common trusts and freehold showgrounds will continue to be eligible to apply for grants and loans to support their reserve management responsibilities.

Governance

The new Act provides a number of governance improvements to enable better oversight and direction of management outcomes for Crown reserves.

This includes a community engagement strategy, to guide community consultation for non-council Crown land managers.

A code of conduct has established the minimum standard of behaviours expected of people contributing to the management of a Crown reserve.

Native title

Native title managers are now required by each council and professional non-council Crown land manager, to ensure compliance with native title obligations. Training and guidance has been provided.

For all other reserve managers, the department will continue to ensure compliance with native title obligations.

For more information see Native title.

Crown land managers updates

The department is supporting Crown land managers through the transition in legislation. You can find the latest news, information and resources in the updates for Crown land managers:

For more information see Reserves management

Stakeholder updates